Notary Process

Notary is person appointed by the Central Government or state Government under Notaries Act, 1952.

Functions of Notary :-

  1. To verify, authenticate, certify or attest the execution of any instrument. The word instrument is defined in the Act as every document by which any right or liability is or purports to be, created, transferred, modified, limited, extended, suspended, extinguished or recorded. So every document is not an instrument, unless it confers a right or records a liability. Each word namely verify, authenticate, certify and attest has a different meaning. ‘Verify’ means checking with the facts and proof/evidence produced. ‘Authenticate’ means, the notary has assured himself of the identity of the person who has signed the instrument as well as to the fact of execution. ‘Certify’ means to confirm through a formal statement that the instrument executed possesses certain qualifications or meeting the accepted minimum standards relevant to the contents of the same. Notary is bound to make entry of the notarial act of certifying the copy of the document as a true copy of its original. ‘Attest’ means to affirm to be correct, true or genuine.
  2. To administer oath to or take an affidavit from any person.
  3. To translate and verify the translation, of any document from one language into another.
  4. To act as commissioner, to record evidence in any civil or criminal trial if so directed by the court or authority.
  5. To act as arbitrator, mediator, or conciliator if so required.
  6. To do any other act which may be prescribed.

Every notarial act has to be done under his signature and notary seal with registered number and date.

The Section 139 of Code of Civil Procedure 1908 has an express provision, in this regard, where any affidavit verified by notary is admissible as evidence. Likewise, Section 297 of Code of Criminal Procedure provides for admission of affidavits verified by the notary.

The Notarial Rules 1956, has prescribed the fee for each category of act. The rule No.10 refers to the fee to be collected by the notary. He should display rates of fee charged in conspicuous space both inside and outside his chamber or office. In addition to the fee, notary may also charge the travelling allowance by train or road at ₹5 per kilometre.